Chapter 198

2003 -- H 5661

Enacted 07/11/03

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - - FAMILY COURT

Introduced By: Representatives Flaherty, Gallison, and Malik

Date Introduced: February 11, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-10-3.2 of the General Laws in Chapter 8-10 entitled "Family

Court" is hereby amended to read as follows:

8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within

the family court the position of general magistrate of the family court who shall be appointed by

the governor with the advice and consent of the senate for a life term.

      (b) The general magistrate shall be an attorney at law and a member in good standing of

the Rhode Island bar with a minimum of ten (10) years experience as a general magistrate in the

Rhode Island family court.

      (c) The primary function of the general magistrate shall be the enforcement of child

support decrees, orders, and law relative to child support. The general magistrate shall have all

the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-

15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates

by any general or public law or by any rule of procedure or practice of any court within the state.

      (d) The chief justice of the supreme court with the agreement of the chief judge of the

family court may specially assign the general magistrate to perform judicial duties within any

court of the unified judicial system in the same manner as a judge of the district court may be

assigned pursuant to chapter 15 of this title; provided, however, that the general magistrate may

be assigned to the superior court subject to the prior approval of the presiding justice of the

superior court. When the general magistrate is so assigned he or she shall be vested, authorized,

and empowered with all the powers belonging to the justices of the court to which he or she is

specially assigned.

      (e) The general magistrate shall:

      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

this title and any other applicable law;

      (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this

title, in the same manner as justices and workers' compensation judges;

      (3) Be entitled to a special license plate under section 31-3-47;

      (4) Receive a salary equivalent to that of a district court judge and shall be subject to the

unclassified pay plan board;

      (5) Be subject to all the provisions of the canons of judicial ethics; and

      (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

7-2.

      (f) The provisions of this section shall be afforded liberal construction.

     SECTION 2. This act shall take effect upon passage.

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LC02059

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